The other party in the divorce case does not want to pay alimony, and has been separated, and will n

Hello, I will give you an analysis from the legal side for your reference:

First, the Marriage Law stipulates that if the mediation fails to resolve the two-year separation, the divorce shall be granted. However, if the separation has been for two years, it should be due to emotional discord, and it has been continuous for two years, and there must be proof of it. It's not easy to prove.

Second: If you do embark on the road of divorce and divorce by litigation, if you do not agree to divorce for the first time, you will generally not be divorced (except for those who have evidence in these circumstances).

1. Bigamy or cohabitation with another person who has a spouse;

2. Committing domestic violence or abusing or abandoning family members;

3. Those who have bad habits such as gambling and drug abuse; 4. Separated for two years due to emotional discord; ）。If you sue for divorce for the second time, you are more likely to be divorced.

Third: In a divorce, you can claim custody of the child, and the court generally decides in accordance with the principle of favoring the child.

However, the child has always been raised by you, if you have no disadvantage to the child's upbringing, you want the custody of the child, and the possibility of awarding it to you is still relatively large.

The other party is responsible for the alimony, which is a legal obligation.

Fourth: the issue of compensation: Generally, compensation can only be claimed under the following circumstances:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Fifth: the issue of joint property: If there is joint property between the husband and wife, you can ask for a division.

Even if he is not divorced now, he has the obligation to support the child, and if you do not have the financial ability to support him, if the other party has good financial conditions, you can ask him to bear child support. If not, you can consider legal solutions.

Sixth: Divorce is a more complicated matter, generally involving the division of common property, joint debt sharing, child support and other aspects, and there are many factors affecting these aspects, if the other party sues for divorce, it is recommended that you find a local lawyer for consultation, you can also consider finding a lawyer ** litigation.

Alimony is the legal obligation of parents to their children, and if you divorce, the child support will naturally be half of each person.

Separation for more than three years (which needs to be proved by evidence or agreed by both parties) can be used as the basis for the breakdown of the relationship between the parties and the judgment of divorce.

In fact, for your personal happiness, there is nothing to be nostalgic for this person, since he doesn't love you anymore, why should you be with him? Life is originally one's own, we should pursue and enjoy happiness and happiness, instead of dwelling on these painful issues, and it is the right choice to make a decision and find our new happy life as soon as possible.

Rest assured, child support can't run! It's good to be separated within two years!

How old are you? Do you have a divorce certificate now? If not, it would be fine

Legal analysis: 1. Write a complaint in the name of the child, the content of which is to ask the other party to pay child support 2, hand it over to the court where the child's father lives, and pay about 20 yuan for filing the case 3, and then wait for the trial 4, prepare relevant evidence, divorce agreement or judgment before 5, if you are ready to hire a lawyer, it is best to consult a lawyer at the beginning.

Legal basis: Civil Code of the People's Republic of China

Article 1076 Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In the following circumstances, if the mediation fails, the divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

During the period of divorce and separation, one party who does not pay child support shall file a lawsuit with the people's court, and it is the legal obligation of parents to raise children, and the party who does not directly raise children shall pay child support, and children have the right to demand child support from their parents. If the court still does not pay child support after the judgment, it can apply to the people's court for compulsory enforcement.

1. Can the court enforce the husband's refusal to pay child support?

If the husband does not pay maintenance, the court may apply for enforcement. The parent who is directly raising the child can recover child support from the other party under the divorce agreement, and if this is not possible, he or she can sue the court for child support. The judgment of the court is legally enforceable, and if the other party does not take the initiative to perform, it can apply to the court for compulsory enforcement based on this judgment.

In addition, the party who directly supports the child can also seek child support from the other party in accordance with the terms of the divorce mediation agreement or divorce judgment on child support, and if this fails, he or she can also apply to the court for enforcement and require the other party to pay child support, of course, he or she can also file a separate lawsuit with the court to recover child support.

2. What should be done to those who do not pay child support?

If the direct supporter files a lawsuit with the people's court for a judgment, the person who does not pay the maintenance must fulfill the obligation to pay; It is the legal obligation of parents to raise children, and the party who does not directly raise the children shall pay child support, and the children have the right to demand that their parents pay child support. If the court still does not pay alimony after the judgment, you can apply to the people's court for enforcement.

3. How the woman asks for maintenance from the man.

It is the legal obligation of parents to raise children, and the party who does not directly raise children shall pay child support, and the children have the right to demand that their parents pay child support. If, after the court makes a judgment, it still does not pay child support, it can apply to the people's court for enforcement.

Article 1067 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 17 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Provisional).

Enforcement of effective legal documents shall generally be applied for by the parties in accordance with law.

Legal documents and civil sanction decisions that have the content of alimony, alimony, or child support payments, as well as judgments, rulings, and mediation documents attached to criminal cases, are to be transferred by the trial division to the enforcement agency for enforcement.

Regardless of whether the parties are in a marriage (including separation) or divorced, parents still have rights and obligations to raise, educate and protect their children.

If the father or the mother, or both parents refuse to perform the maintenance obligation, the adult child and the child who cannot live independently may file a lawsuit for child support, demanding that the parent or both parents pay child support.

During the period of separation and divorce, the only way to enforce the non-payment of alimony is to the court.

Legal analysis: After the divorce, if the other party still does not pay the maintenance allowance after negotiation between the two parties, a lawsuit can be filed with the court and requested by the court to enforce it. The relationship between parents and children is not extinguished by the divorce of the parents.

Even if the parents are divorced, the parents still have the rights and obligations to raise, educate and protect their children.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment on Wang Slip.

The failure of an agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent for more than the amount originally set in the agreement or judgment when necessary.